The appellants were charged with second-degree murder.
After the jury was empanelled but before the appellants were put in the jury's charge and before any evidence was called, a juror was discharged pursuant to s. 573 of the Criminal Code.
The trial proceeded with eleven jurors, and the appellants were convicted.
The Supreme Court of Canada allowed the appeals and ordered a new trial, holding that for the purposes of s. 573, a jury trial does not commence until the accused has been placed in charge of the jury.
